Vol. II No. 69 • ISSN 2094-4098 OCTOBER 3-9, 2011 • P15.00

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By BERTENI “TOTO”

CATALUÑACAUSING

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4 5 4HERNZ QUARRYby HERNANI CUARE

PRIVILEGED SPITS by BERTENI C. CAUSING

JERRY’S BLOGSby JERRY S. YAP

THERE is a big war at the Bureau of Immigration.Commissioner Ricardo A. David Jr. and Associate Commissioner Siegfred Mison

vs. Administrative Division boss Felino C. Quirante, Jr.Against David is a story in reverse of a biblical David-and-Goliath war.

Quirante who may be nicknamed “Higante” literally due to physical size(but not in powers he wields) is the small man and David is the biggest man upthere.

Against Mison who may be nicknamed “Pison” ow-ing to his name that sounds the same, or by the principle of idem sonams, the big name he brings into the BI is a matchup of sorts for “Hi-gante.”

BIG MEN,BIG WAR

Marcos alone asenemy of democracy?

Oh come on!

Page3‘Oakley’ cop & Co.: Bandits of NCRPO

What is your answerRuffy?

   Simplified Libel Law          Chapter II

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Class suit vs local officialsFor doing nothing on repeated floods

IT has become exceedingly disgusting. The problem on flood-ing repeats all

over and over again. The only variations

are the places and the causes, as well as the numbers of deaths and the extents of dam-ages.

It is however not much of a concern as to where the next flood would occur. The thing is that almost every place has experienced flooding.

As to causes, there are only two: exces-sive rainfall or simple problems of clog-ging. As to excessive rainfall, history shows that it has always been caused by typhoons. As to simple prob-lems of clogging, history again showed that flooding occurred particularly in Metro

Calumpit people struggle through breast-deep waters.

Manila due to clogging even with ordinary rains caused by casual climate changes.

Of all these causes, it is the typhoon-induced rains that can be ad-judged by anybody as force majeure or an “act of God” or an “act of Al-lah” as labeled by those who probably do not give regard to whether this statement insults the

Mighty above or do not believe in the existence of God.

Nevertheless, whether God exists or not is not an issue here. And to avoid a clash with those who do not believe, let us just call these typhoon-induced rains as “circumstances beyond human control.”

Let me ask before we proceed: “Does it mean

that if an event is beyond human control we cannot avoid the damage?”

No, because we can.By using the principle

of avoidance, we can al-ways avoid or leave and stay away from the paths of destruction.

Talking about ty-phoons, history shows that rains always come along or ahead whenever a typhoon is to come.

And when a typhoon comes, can we avoid it?

Yes, because our weather bureau is so far efficient in saying a typhoon is coming and when it should en-ter land areas. It does not matter that there have been misses in predicting the amount of rainfall or the strength or the pin-point location where the typhoon would hit land. What is impor-tant is the Pag-asa has not erred in announc-ing that a typhoon is coming to town and when it would strike land.

So that what is important is we have a correct warning as to time.

We may ask: “Is there a sufficient time for avoidance between the time of announce-ment by the Pag-asa

Rotary Club 3830’sC-5 Pabahay a dumpsite?

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After theDream

Nonito’s lastdefense?

2 Vol. II No. 69 October 3-9, 2011

Publisher:RONALDO E. RENTA

Editorial:TOTO C. CAUSING

Editor-In-ChiefDesign & Layout:

RONALDO B. HERICODisclaimer: All news articles and opinions expressed by the writers are entirely their own and do not reflect the opinion of the publisher, the management or the editor of this publication.All Rights Reserved: No part of this publication may be copied or reproduced nor translated in any language or form for commercial pur-poses without prior written permission from the publisher and its writers or columnists.

MAGDIWANGPUBLICATIONS

From page 1

By BERTENI “TOTO”

CATALUÑA CAUSINGCLASS SUIT VSLOCAL OFFICIALSBig men, ...From page 1

Both Mison and Quirante are lawyers. Both are big men in whatever category.

But in this battle of big men all else are watching in bated breath. This is a history unfold-ing. Not once in the life of the bureau it has seen raging bulls locking horns with each other.

For David, he is put-ting his almost unknown record in the military that merited the eyes of Presi-dent P-Noy to choose him over his “mistahs” and the others to be the chief of the Armed Forces of the Philippines (AFP) and, again, to tap him to lead one of the most corrupt bureaus of the government to “Ma-tuwid Na Daan.”

But to where “Ma-tuwid Na Daan” is not known.

Mison is staking his military pedigree. He is a West Point Military Academy alumnus and a son of former general Salvador Mison, a big man during the Marcos era and of the Lucio Tan group of companies. If he wins the fight, he can keep these intact. Other-wise, his honor may be torn into pieces not even the best jigsaw puzzle solver can solve.

Quirante is staking his big honor, too. He was the hands-down fa-vorite of fellow model employees who voted him as the best worker at the bureau. Thus, he was chosen as the “Most Outstanding BI Employee” and “Model Division Chief.” It ap-pears that these honors were not bestowed on him officially because of this “Big War.” But if he wins at the end of the day, he will receive these honorable prizes before the sunset comes. Other-wise he would be thrown into oblivion not even the best man can resurrect, to reinforce the wrong idea that it is better to play with the bosses than stand on principles.

And in this war, Quirante’s “enemies” have a company in an-other lawyer, acting In-telligence Chief Atty. Ma. Antonette Bucasas-Mangrobang, who as a lawyer has the respon-sibility to her country and friends to act always as “Lady Antonette.” (What a beautiful call.)

But Quirante must remember that the words

of Edmund Burke may not win the war for him.

It is not “for evil to tri-umph is for good men to do nothing.” It is “for evil to triumph is for good men to do not enough.”

In other words, if Quirante believes in his fight, he must fight with all his might. He must leave nothing to fear.

After all, only those men who fight in the ex-treme manner for princi-ples are remembered with glory forever.

The genesis of the Big War”

It was not known how it all began. But what is clear is that it started just in the nick of time when the honors were to be be-stowed officially for those voted by employees as the most outstanding in the ranks of one of the most corrupt government bu-reaus.

By the way, if the bu-reau has been reputed to be one of the most corrupt, it is hoped that to be hon-ored would not be like “an honor among thieves.”

By the way again, one of the reasons the BI is tagged as one of the most corrupt is the “value” that reigns there: that it is al-right to squeeze money for these came from non-Filipinos anyway.

They do not mind that taking money of a person, a foreigner or not, is still a thievery of sort or a rob-bery by intimidation or a form of extortion in plain and simple language.

They do not know the saying that says: “Be hon-est even if all others are dishonest.”

The story neverthe-less can be read from the complaint affidavit that Quirante filed against Da-vid and Mison for viola-tion of grave misconduct, gross disrespect, and op-pression.

This story is like a twist of fate.

David and Quirante were perceived as friends that the former gave the latter a very satisfactory rating as division chief for the first semester of 2011.

But it is mystifying that when the day came for the honor to be hanged on the neck of Quirante, David backtracked from handing over the Program on Awards and Incentives for Service Excellence or PRAISE award.

This insulting incident was furthered with another

contemptuous event.Right at that very

moment, it was an-nounced during the Bu-reau’s anniversary cel-ebration that Quirante was to be transferred from the office where he supervises more than a thousand employees to the office where he had to handle a staff of three in Makati City.

Quirante saw it as something that pushed his back against the wall and he had nowhere else to run to but to fight back.

Thus, although he has not been trained in the art of soldiery like David and Mison, Quirante’s passion was ignited to fight back in the territory he knows best: the legal jungle.

This must have shocked David who was used to be obeyed by men trained to the cul-ture of “Sir, yes sir.” He must have not found any person fighting a sub-ordinate in the ranks of armed men hardened by fights against terrorists and rebels.

Quirante charged him for acting in manners that “Higante” called as arbitrary, whimsical, capricious, oppressive, malicious, with gross disrespect, ill willed, ones that were of grave misconduct and gross disrespect purposed to place him in contempt and ridicule before the employees who voted the person as a model employee.

In other words, Quirante is just like saying that David and Mison are military men unbecoming officers and gentlemen.

The charges

Quirante filed an ad-ministrative complaint for grave misconduct, gross disrespect, and op-pression against David before the Office of the Ombudsman. His hope was that the integrity of former Supreme Court Justice Conchita Carpio-Morales will help the op-pressed, the suppressed, and the depressed.

Also, Quirante filed criminal complaints for unprofessionalism under RA 6713 and for causing undue injury to his hon-or and person under RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.

Quirante insisted he was demoted.

Only roofs and tree tops are above water in Calumpit

of an oncoming typhoon and the time when all have already avoided before the typhoon hits town?”

Yes, history shows that the time has always been sufficient in so far as the performance of the Pag-asa is concerned.

Three or two days before the entry, the Pag-asa has been mak-ing announcement that a typhoon is spotted in the exact latitude and longitude and travel-ling at an almost exact speed of the horizontal movement toward the Philippines, thereby giving a reasonable comfortable feeling as to when would the landfall occur.

Now, a day is more than sufficient for the evacuation to be done to established higher grounds.

If that is so, damage to lives and property can always be avoided if only the local officials—the mayors, vice-mayors, the councilors, the governors, the vice-governors and the board members—are diligent in protecting their electors from harm’s way.

For instance, Calumpit and Hagonoy in Bulacan province now are under water as high as a two-storey build-ing and they appear to be in the worst scenario among all Central Luzon towns.

In all probabilities, the local officials here and the provincial of-ficials led by Governor Willie Alvarado do not give so much attention to the announcement of the Pag-asa that typhoon “Pedring” was coming.

Similar scenario must have been happening in the provinces of Nueva Ecija and Pampanga.

And from these, what is clear is: THESE OFFI-CIALS DID NOTHING AND JUST LET THE TYPHOON COME.

And in fairness to these officials, the resi-dents in their respective areas also did nothing but just trying to sleep it out only to be awakened by water invading their homes.

Now, can these residents make these of-ficials pay?

It is submitted that these local officials can be made by their respec-tive voters to pay for the sin of omission.

If there is a principle that says that between two parties who are

innocent, the party that shall pay shall be the one that has the most re-sponsibility to act under the laws and under the circumstances and yet that party neglected to act as required by laws and circumstances.

The local officials were voted for by the residents to act for their common good and com-mon welfare, as well as for public safety and public order. These obligations are clearly stated or implied from the Local Government Code of the Philippines or RA 7160.

On the part of the residents, the residents were not even warned or told to evacuate to higher places.

Besides, Section 24 of RA 7160 clearly states: “Section 24. Liability for Damages. - Local gov-ernment units and their officials are not exempt from liability for death or injury to persons or damage to property.”

And in this particu-lar case, the victims of floods will be claiming payment for the failure of these officials and their local government units to act.

These officials and local government units cannot claim immunity from suit because only those acts that were done in the performance of official duties are protected.

If this is so, immunity covers only what was done. It does not protect what was NOT DONE, or when there was a failure to act, or simply inaction.

So that if all the residents of Calumpit and Hagonoy lost prop-erty that could have been saved by avoid-ance or lost lives, they can make their local officials pay for not doing their job under the general principle of damages or tort or quasi-delict or under

Section 24 of RA 7169.In addition, they can

seek administrative pun-ishments against these officials by filing com-plaints before the Office of the Ombudsman.

And it is being made clear that the sins of these officials and the local government units they run are the sins of not setting up permanent evacuation centers on high grounds that would be enough to accom-modate the residents; sins of not setting up permanent disaster rescue teams that are fully equipped with rub-ber boats or even spare tires and bancas, ropes, flash lights, and other life-saving devices that may be needed; sins of not setting up evacuation and security teams that will bring the residents to the nearest estab-lished sites and at the same time watch over the properties left in the houses; and sins of not setting up food prepara-tion teams to cater to the needs of the residents while staying in all evacuation centers.

These are simple mat-

ters to do and the Local Government Code com-mands all local govern-ment units to set aside a fix percentage of their total budget to calamity preparations.

And if Calumpit and Hagonoy and their of-ficials, as well the prov-ince of Bulacan and its officials, did not do these minimum diligence acts required by the circum-stances, they can be held civilly liable under Sec-tion 24 of RA 7160 and administratively liable as well for being derelicts.

Now, there are always officials who would blame past officials. To make it sure that all those responsible, including those who may have not acted dur-ing previous disasters, include all of them in the class suit.

As soon as the water recedes, all residents of Bulacan must now organize and file the class suit!

Don’t worry if they bought your votes, these “kupal” officials will never ever admit that they bought your votes.

Act now, Bulacan!

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October 3-9, 2011 3 Vol. II No. 69

‘OAKLEY’ COP & CO.:‘BANDITS’ OF NCRPORobbing fellow law enforcers

of Oakley, money, etc

Facebook photo of Rieus San Diego: OAKLEY from head to foot

THIS is a fight for newly-installed Philippine Na-tional Police (PNP) chief Gen-

eral Nicanor Bartolome. An agent of the Bureau

of Immigration (BI) and a policeman assigned with the Criminal Investiga-tion and Detective Group (CIDG) personally experi-enced having been robbed by fellow law enforcers.

In their respective counter-affidavits, num-bering at least 20 pages each, which they executed for the purpose of defend-ing themselves against criminal and administra-tive accusations, Immigra-tion officer Dexter L. Ber-nardo and PO1 Herschel B. Montezon detailed how they were arrested wrong-fully and later stripped off forcefully of property.

Bernardo emotionally cried out in anger as he narrated his stories on how his personal monies and belongings disappeared in the hands of operatives of the Regional Police Intel-ligence Operations Unit (RPIOU) stationed at the National Capital Region Police Office headquar-ters inside Camp Bagong Diwa, Bicutan, Taguig.

FB photo of ‘Perfume’ cop SPO3 Leo C. Pajaro

The two called these RPIOU policemen as “Bandits of NCRPO.”

‘Oakley cop’ and ‘perfume cop’

Of all the things Ber-nardo cannot forget, it is his Oakley sunglasses that is worth about P20,000.00 because it got lost while being hanged inside his Fortuner SUV.

Of all the RPIOU op-eratives, Bernardo cannot forget SPO3 Rieus F. San Diego, who was boasting of a complete Oakley uni-form, not a police uniform. With this, Bernardo meant that this cop wears Oakley apparel from head to foot.

Another RPIOU cop that did not escape the minds of Bernardo and Montezon is SPO3 Lut-gardo Labares, who they claimed forced himself to wipe fluorescent powder on their hands while they were being handcuffed with their hands in the back.

Still, there is another unforgettable RPIOU cop who cannot escape the memory of Bernardo and this one is SPO3 Leo C. Pajaro, who is tagged by Bernardo as a “perfume”

guy who demanded from him the CK perfume bottle found in Bernardo’s ve-hicle.

But what probably hurt Bernardo and Montezon so much is when the team of RPIOU cops suddenly blocked their vehicle and trained guns on them to compel them to go down.

Bernardo and Monte-zon insisted they did not know at first why their vehicle was blocked and why armed men in civil-ian clothes who turned out later as RPIOU opera-tives suddenly surrounded them, ordered them to get off, lay down on a con-crete pavement face down, and handcuffed them.

Only to turn out later, Bernardo and Montezon learned that they were be-ing charged with a fabri-cated story that they were receiving money as an entrapment from a woman when this did not happen.

The other cops who joined in the illegal arrest of Bernardo and Monte-zon were SPO1 Roldan Maganto, PO3 Gerald T. Ziganay, PO2 Renato C. Among, and their team leader Chief Insp. Arvin B. Avelino.

Also unforgettable to

Bernardo and Montezon is another RPIOU official named Chief Insp. Reden-tor M. Agcio, for signing affidavits on September 3, 2011 when some of these sworn statements were dated September 1 and September 2. This is therefore a crime of falsi-fication.

Biggest proof of inno-cence: fluorescent powder on back of palm

The biggest proof to their claim of innocence is the Physical Science Report of the crime labo-ratory.

The essence of the powder is that if there is the presence of it in the palm and on the side of the fingers facing the palm when a hand is closed, then the person held the marked money given in entrapment.

The report showed Montezon to be nega-tive of fluorescent pow-der. This means that he did not hold any marked money claimed to have been dusted with powder and claimed to have been given in entrapment.

This report slapped the face of these RPIOU po-licemen and their alleged complainant, Joanna Mo-relos Hayashi, who falsely stated in her affidavit that she handed the marked money and the boodle money to Montezon while she was standing beside the front passenger win-dow of the Fortuner where

Montezon was seated.Montezon swore to

God that Joanna had never ever handed any money to him.

Another proof of the falsities of the claims of these RPIOU cops and the woman who is the wife of Japanese Nobuyuki Hayashi is the test results on Bernardo.

His report showed Ber-nardo to be positive of the powder on his left palm and at the back of the same palm.

If the money dusted with fluorescent powder is being held, the parts of the hands that will have pow-der are the palm and the side of the fingers facing the palm when the person is holding the powder-dusted money bills.

So how can the pow-der go to the back of the left hand of Bernardo is impossible to happen if indeed he held the alleged entrapment money.

Rather, this physical report on Bernardo proves his claim that while he was being handcuffed and was to be escorted by SPO3 Labares to the crime labo-ratory in Makati City, Ber-nardo already got a hint that this cop would dust powder on his hands so that Bernardo closed his fist with all his might. But while he was doing this, Labares forced hard to open his hand and rubbed on his palm what Bernardo felt was a paper.

So that the explanation why the back of his hand

had powder is that while Labares was forcing open Bernardo’s hand, Laba-res’ powder-dusted paper was rubbing at the back of the hand while strug-gling to open the hand of Bernardo.

With this, the claim of Bernardo and Montezon of innocence must be the truth.

Aksyon 5 and Tulfo brothers dupe by RPIOU cops

Obviously without their knowledge, the three Tulfo brothers who are hosting T3 television program of Aksyon 5 in-nocently believed in the RPIOU cops when the truth of the matter is that there was no entrapment incident that occurred.

As a result, the T3 brothers mistakenly shamed Bernardo on air while he was being inter-viewed.

That belief in RPIOU cops must have triggered one of the T3 brothers to tell Bernardo: “Pinagsisi-han mo na ba ang nag-ing kasalanan mo?” This question was premised on the belief that Bernardo and Montezon were guilty as the Tulfos must have thought about.

If only the T3 brothers examined the evidence, they could have discov-ered the falsity and that they would know they were only taken for a ride by these RPIOU cops.

Thus, the reputation of

Bernardo and Montezon was so damaged tremen-dously unfairly.

If it is unethical to dis-play arrested persons in full view in a press confer-ence, it is more unethical to presume the arrested persons guilty and ask them in public whether they regretted having com-mitted the crime.

Charges of robbery, arbi-trary detention, falsifica-tion

Bernardo and Monte-zon vowed to file criminal cases of robbery, arbitrary detention and falsification against all these RPIOU cops to prove their inno-cence and to teach the les-son they cannot forget.

Since there was no such thing that entrapment money that occurred, the RPIOU cops committed the crime of arbitrary de-tention and falsification.

And since Bernardo lost almost Php100,000 of his money, that the RPIOU cops only report-ed Php158,000.00, that they took his Oakley sun-glasses, that they took his perfume, and several other valuables, the RPIOU cops also committed rob-bery or theft.

Moreover, because Chief Insp. Agcio con-nived with his subordi-nates in faking the swear-ing date of the affidavits, Bernardo and Montezon will also charge him for falsification.Another Facebook photo of Rieus ‘Oakley’ San Diego. To page 7

4 Vol. II No. 69 October 3-9, 2011

Marcos alone as enemy of democracy? Oh come on!WHAT’S the differ-ence between the for-mer presidents of the country to give the Congress the reason to single out the former strongman, Ferdinand Marcos, painting him as “Enemy of Democ-racy”?

Accordingly, those who seek condemna-tion of the late dicta-tor, whose cadaver still lies unburied, claimed that the for-mer strongman was responsible in:

1. Declaring mar-tial law, imposing a perfect authoritarian rule;

2.Commission of crimes against the lives of Filipinos;

3. Ending press freedom; and

4. Corruption.Let us fathom these

claims, one by one, comparing the same with the former presi-dents of our country who had served after the late dictator.

Firstly, yes, it was only the late strong-man, whom the Ilo-canos revered as Apo Lakay, who declared martial law. But after him, this power that allotted supremacy to

the military has actually been baptized a new name: “State of Emer-gency”.

We should not be deceived by the play of words, for in truth, martial law and state of emergency refer to the same potato.

Like the late dictator who ruled the country with an iron fist, it can-not be denied that the late Corazon Cojuango-Aquino survived her presidency by declaring a state of emergency in December 1989. This she did for fear of the coups engineered by now Senator Gregorio “Gringo” Honasan.

The declaration of state of emergency was also contemplated by the group of Joseph Es-trada to save his presi-dency in 2001. But they failed to measure the succeeding events that occurred in a snap of fingers. Estrada was ex-pelled from the Palace in February 2001.

On February 24, 2006, Gloria Macapa-gal-Arroyo, to survive her stay in Malaca-ñang Palace, placed the country under a state of emergency in her Proc-lamation 1017, ordering

the Armed Forces of the Philippines to prevent or supress all forms of lawless violence. Her declaration of state of emergency coincided with the 20th Anniver-sary of the People Pow-er revolt in 1986.

If Marcos be de-clared as enemy of the state because of martial law, then, Aquino the mother and Arroyo be shamed the same, for martial law and state of emergency are dec-larations with the same purpose – to empower the military to suppress civilian rights.

Secondly, it is grant-ed that the administra-tion of Apo Lakay took the lives of innocent Filipinos who were perceived as movers against his rule. But how about the presi-dents who reigned after him?

Filipinos should not bury in the mud of for-getfulness the deaths of innocent men during the

reign of Corazon Aqui-no, especially the Janu-ary 22, 1987 Mendiola massacre.

The Mendiola mas-sacre, also called as Black Thursday, was an incident that took place at the foot of the his-toric Mendiola Bridge, now Roces Bridge in memory of the late Chi-no Roces.

The massacre was committed in broad daylight while the late President Aquino had her peace in the comfort of Malacañang Palace.

Sporadic gunfire took the lives of 13 farmers and injured 43 others in that fateful afternoon. They were killed for demanding a genuine agrarian re-form.

Lest the Filipino people forget, those in command of guns were Gen. Ramon Montaño, Col. Cesar Nazareno and Brig. Gen. Alfredo Lim.

The administration

of Fidel Ramos was not spared from the killings of innocent men and women. Recall the mur-ders and kidnappings in Marag Valley in No-vember 1992. The Ecu-menical Movement for Justice and Peace even accused Ramos as ex-pert only in “rhetoric of peace” and not in deeds.

In the heydays of the expelled president, Joseph Estrada, atroci-ties were also noted. The most controversial was the Dacer-Corbito double murder case.

The death of the late publicist Salvador “Bubby” Dacer and his driver Emmanuel Corbito on November 24, 2000 was linked to Estrada and now Sena-tor Panfilo Lacson. The case remains unsolved until today.

The shameless ad-ministration of Gloria Macapagal Arroyo was also dragged to numer-ous unsolved killings. Two noted atrocities

during her reign were the Maguindanao mas-sacre, and the killings were reportedly engi-neered by now Bantay party list Representa-tive Jovito Palparan who is tagged as the “Butcher”.

The Maguindanao massacre happened on November 23, 2009 where 58 people died, including 33 journalists.

The atrocities linked to former general Pal-paran purportedly hap-pened when he was as-signed in the Visayas from May 2001 to Sep-tember 2006.

If Marcos be de-clared as enemy of democracy due to atrocities, then why not declare Aquino the mother, Ramos, Estra-da, and Arroyo also as enemies of democracy?

Thirdly, it cannot be said that press freedom was ended by Marcos. It is more appropriate to say that the press was influenced by the pow-er of camaraderie and money. This tradition of influence is carried until today. We, the citizens, can attest to this fact.

Lastly, no one can deny the fact that Mar-cos and his cronies had

enriched themselves from 1972 to 1982. But how about the presidents and men after him?

Did the men during Cory Aquino, Fidel Ramos, Joseph Estra-da and Gloria Arroyo inhibit from the bil-lions of pesos that are in their discretion?

Definitely, the men in power after Marcos had robbed the Fili-pino people.

Surely, greed of men in government is carried until to-day. This greed that breeds corruption in the government is also blamed on the craftiness of the dead Marcos.

Why should the Congress blame the dead when they, the living and the power-ful, are the new breed of robbers of the Fili-pino people?

If Marcos is de-clared as enemy of de-mocracy, it is fair and reasonable to do the same to the presidents and men after him!

Poor Marcos, he cannot rise from his coffin in Batac, Ilocos Norte to defend him-self.

Rotary Club 3830’sC-5 Pabahay a dumpsite?

OUR inbox is full with clarifications and insistence that the “stinky illegal dump-site” along C-5/Kain-gin Road in Barangay La-Huerta, Parañaque City is indeed a “pabahay” or hous-ing project of Rotary Club 3830, Mayor Jun Bernabe, and Gawad Kalinga.

The project was alleged to be for the informal settlers of Parañaque.

If it is not a dump-site as insisted by many, why it is too stingy to the senses?

If Parañaque Mayor Jun Bernabe is convinced it is not a dumpsite, then it is better for him to visit the place. Mayor, you might have been taken for a ride by your con-tractors.

Our investigation shows the dump trucks said to be owned by one Boy Sanchez are often seen in the site.

Mayor, hope you are familiar who Boy San-chez is. Is he the con-tractor of the housing project for Gawad Ka-linga?

Mayor, if you are ignorant of the ill ef-fect of the stinking trash dumped by your contractor along C-5/Kaingin Road in Ba-rangay La-Huerta, it is much advisable for you to take a walk to see the site with your naked eyes.

You might vomit to emptiness if you inhale the trash-juice mixed with water of the Riv-erside.

Also try to ask the residents near the site how they empty their bellies when they are inhaling the stingy smell from the “housing project.”

Mayor Jun Bernabe, I have nothing personal against you. In truth, I fail not to praise you for your good deeds. But this time, I have an un-

solicited advice: Please feel free to inspect the “dumpsite” that is toxic to the health of residents of Barangay Moonwalk, Barangay Sto. Niño and Barangay La Huerta.

Mayor, you better hurry or you might be dumped behind by the inspection team of the Department of Environ-ment and Natural Re-sources (DENR).

If that happens, you might be charged ad-ministratively, Mayor Jun Bernabe!

This is a clear vio-lation of Republic Act 9003 (THE ECOLOGI-CAL SOLID WASTE M A N A G E M E N T ACT).

Is George Del Rosario

‘Little Mayor’ of Pasay

City?

How true that until today, George Del Ro-sario alias “Mr. Pana-sonic” still displays machismo and power

as the “Little Mayor” of Pasay City?

George Del Rosario was rumored as the “po-litical campaign finan-cier” who allotted P100 million for the candi-dacy of Mayor Antonio “Tony” Calixto.

Del Rosario’s influ-ence is still felt in the four corners of city hall despite talks that Calix-to has neglected and re-jected him for interfer-ing in the operations of the local government.

Del Rosario’s prow-ess in Pasay cannot be set aside as he had re-portedly assigned his favored men to the Pa-say PNP and the Pasay City Hall.

Some of the men of Del Rosario are alleg-edly controlling and manipulating the flow of “goodwill and grease moneys” from the op-erators of illegal gam-bling, illegal terminals and night clubs, as well as sidewalk vendors.

Are you aware of

this, Mr. George Del Rosario?

As payment for his political debt to Del Rosario, Mayor Ca-lixto awarded him with hundreds of millions of pesos Pasay City waste management contract.

Rumors winding around Pasay City Hall had it that Del Rosario was material for the ad-mission of Calixto to the Liberal Party. Late-ly, Calixto was invited by Sec. Mar Roxas be-cause of the informa-tion provided by Del Rosario.

Pasay residents are puzzled by the silence of Calixto while Del Rosario interfered with the operations of the lo-cal government.

Had it not for Del Rosario, Calixto could not win in Pasay City considering the influ-ence and power of his opponents in the 2010 elections, the likes of former Mayor Wenc-eslao “Pewee” Trinidad

and former Representa-tive Connie Dy.

If this rumor is true, then Pasay City resi-dents are very lucky because they have two mayors.

Lagueños dependency

on illegal activities

(Attention Gen, Nick

Bartolme)

Laguna is a historic province of the country.

Our national hero Dr. Jose Rizal was born in Laguna. He is not just a hero who loved our country. He is also a genius emulated not only by Malays but also by the Europeans he ac-quainted with.

But it seems the priceless history of La-guna is forgotten by its new leaders, especially the law enforcers.

Today, illegal ac-tivities invade Laguna. Count the STL-BOOK-IES of one Vic Siman. In Batangas, the illegal gambling operations

of Boy Almazar and Karling.

Accordingly, there is the uncontrolled il-legal logging in Que-zon province, and “PAIHI” in Laguna province.

The small town lottery results are used for jueteng. There is no wonder why un-numbered Lagueños are addicted to illegal vices.

Allegedly, one Colonel Pera-Pera-Ta is fearless in the name of “Tongpats” from il-legal operators!

The colonel boast-ed that he can take care of everything and that the order for the continuous operation of illegal activities has the go-signal of a “Boss” of PNP-PRO.

PNP-PRO4 Re-gional Director, C/Supt. Gil Meneses, your men are treading a wrong path. A path straight to the pock-ets!

Jerry’s Blogs

By Jerry S. Yap

Hernz quarry

By Hernani Cuare

October 3-9, 2011 5 Vol. II No. 69

What is your answer, Ruffy?WHAT started as a wrong footing as ad-judged by Dyaryo Mag-dalo is likely to crash Ruffy Biazon crying to his kingdom come.

The first wrong step he did was when he an-nounced that there are plenty of “hao-shao” journalists at the Cus-toms zone and that he will get rid of all of them from the territory to end smuggling.

Dyaryo Magdalo agreed to him when he said there are “hao-shao” or fake journalists in the new world he now lords over.

But it is simply illogi-cal to say that smuggling can be ended by taking away these people he called “hao-shiaos.”

First, there have been no reporters, “hao-shiaos” or genuine, who have acquired pricey condominiums, golf courses, luxury cars and SUVs, big tracks of lands, or hundreds of millions in bank ac-counts.

To the contrary, a few lifestyle checks done so far by the Ombuds-man are in themselves enough to support the proposition that it is the Customs officials who should be excluded and not the reporters.

At least, Dyaryo Magdalo is very sure in stating there have been no reporters, “hao-shiaos” or genuine, who have been charged or convicted under the life-style checks.

In fairness to those journalists who have traded their principles

for favors, they are given only rewards that are min-iscule compared to what Customs officials rake from smugglers and the money given to reporters as “gifts” are rewards for silence.

Perhaps, Ruffy heed-ed the advice of Dyaryo Magdalo that it is for him to hit the smugglers, not the reporters.

This belief rests on the fact that he called in a con-ference with all persons parading as media men within the Customs zone and he threshed out mat-ters with them.

Many in the confer-ence who are writing for weekly papers circulated in the Customs demand-ed from Ruffy to iden-tify who among them are “hao-shiaos”. He could not answer.

Doubtful personalities

Contrary to his “di-vine” word against “hao-shiaos”, a piece or two of vulnerability have been eyed in Ruffy.

This, after it was learned he took in deputy commissioner Rey Nico-las as his chief of staff. The latter was convicted by the Ombudsman after failing in a lifestyle check but was exonerated later.

This is not saying that Nicolas was indeed guilty or innocent. But the unfairness of life dic-tates that it is too difficult for one to get out of the stigma of the accusations when convicted even after the conviction has been reversed.

With this as a fact of life, the choice of a chief

of staff becomes a wrong political move for Ruffy. Voters never inquire but vote according to their be-liefs and reject according to their doubts.

But if Ruffy does not care about his reputation because he might have no more political plans, so be it. It is his choice, anyway. Maybe he believes in the totalitarian principle that what matters most is the result: the end justifies the means.

But if the people sur-rounding him on the basis of his trust in them are having doubtful reputa-tion, it will be too hard for Ruffy to achieve his dream of establishing “Matuwid Na Daan” at the Customs. Any corrupt of-ficial there would just say, “Look, who’s talking?”

So that it is suggested by the editor-in-chief of this weekly who voted for Ruffy in the last senatorial elections that he should get people who are fresh to the eyes of the people in the Customs if he wants to gain first sufficient moral strength needed to achieve his goals.

Task Force OCOM, another ‘PASG’

Dyaryo Magdalo also learned that Ruffy is orga-nizing Task Force Office of the Commissioner, or

TF-OCOM.There should have

been no doubt with this for it is within his preroga-tives.

But what is alarming is that this TF-OCOM would operate like another Presi-dential Anti-Smuggling Group (PASG).

It is still too fresh in memory that this PASG has been labelled by many as “highway robbers.”

This is because PASG men indiscriminately clawed container vans on highways or elsewhere, raided warehouses at will, seized any goods in dis-play and all other revolt-ing acts, all done without search warrants.

The PASG men were capitalizing on the fears of importers: that it was better for them to give in to extortions and weekly “tongs” rather than fight off in courts.

This fear that TF-OCOM would only be another PASG is founded on the information Dyaryo Magdalo gathered that the names of persons being eyed to be tapped would be some of the big men of PASG then. If this is true, nothing separates Ruffy from PASG.

Hiding of inward foreign manifests

By the way, Dyaryo

Magdalo gathered also that since Ruffy entered his new office, there has been no more alarm that has been issued.

Alarm is issued when-ever the data listed in an inward foreign manifest (IFM) does not match the list of import being de-clared by its importer.

Actually, if only Cus-toms men are truthful to their sworn duties, it is easy to stop smuggling.

By just making the inward foreign manifests open to the public, the smugglers can no longer cheat because their dec-larations can always be checked against the IFMs and the correct taxes named duties are col-lected.

Of all countries that are the ports of origin of all imports into the Philip-pines, it is only China that is feared to be not abiding by the game of truth.

All others are per-ceived to be truthful in forwarding manifests to the Philippine government as part of a treaty aimed at curbing smuggling in any part of the world and as a means of getting true data of imports and exports for the purpose of balancing interests in accordance with the World Trade Or-ganization and General Agreements on Tariffs and Trade.

But what purpose will the IFMs serve if they are hidden?

If the IFMs are fur-nished Deputy Commis-sioner for Intelligence Danilo Lim, he will have no trouble in the job of gathering information about all kinds of smug-gling.

Dyaryo Magdalo’s source said that the cop-ies of IMFs are exclusive only to four offices: the offices of Customs Com-missioner, Port Collector, Port Inspector, and Cus-toms Audit.

Why is it not provided with the Deputy Commis-sioner for Intelligence, who is ex-Gen. Lim?

What is then the justi-fication that IFMs must be confidential?

A piece of advice to Ruffy: Don’t let IFMs remain exclusive only to four offices. You will be held directly responsible for every smuggling act that may be discovered. No one else, but you, Ruffy.

Since no alarm has been put out, Dyaryo Magdalo’s sources said that smugglers and their cohorts among Customs men have been feasting on.

One sli p off Ruffy

In September, insid-ers told Dyaryo Magdalo that a loose cargo was in-tercepted by the Customs Intelligence and Investi-gation Section (CIIS) at the Manila International Container Port (MICP).

The imported items were said to be wireless lapel microphones from

China. They were said to have been held by the team of MICP-CI-IS Chief May Galang, whose direct superior is CIIS Director Filomeno C. Vicencio, whose su-perior, in turn, is former General Lim.

No less than pres-ent Assistant Customs Commissioner Sieg-fred Mison signed the University of the East certification stating that Vicencio has never been a student of UE, contrary to the latter’s statement in his PDS (personnel data sheet).

So that Ruffy must deal this matter about Vicencio, whose wealth has grown beyond imag-ination since he was appointed by Gloria Ar-royo more than a year ago but who was not re-placed by my candidate for president, PNoy.

The sources said somebody within the MICP-CIIS team floated the idea that P30,000 made magic for the wireless lapel micro-phones. On Wednesday, September 27, the cargo disappeared when ty-phoon “Pedring” left the country.

The Customs insid-ers also said that three to four ships loaded with 600 to 700 container vans are arriving at the Port of Manila every week.

With this number of container vans, the in-siders said that the P30-billion collection deficit of the bureau is more than easy to be filled up.

What is your answer, Ruffy?

Privileged spits

By Toto C. Causing

From being an adminis-tration chief where he has been exercising adminis-trative and disciplinary ju-risdiction over 1,000 per-sonnel all over the country, he was transferred to the bureau’s Makati exten-sion office, where he has to supervise only six em-ployees. He mused further that the Makati office is not even part of the plantilla of the bureau.

He accused General David as a man of bad temper, a man who is abu-sive and discourteous, a man who is of indecisive character yet one who does not hide his con-tempt and lack of respect towards officials and em-ployees of the BI.

Quirante said that Da-vid failed to exercise his functions with dignity, courtesy, self-restraint, and civility in dealing with its officials and employees of the bureau and the trans-acting public as well.

In other words, Quiran-te is insisting that David has a narcissistic person-ality disorder owing to extreme premium to ma-chismo.

He also accused David of governing the bureau by

favoritism.Quirante said that BI

acting Intelligence Chief Atty. Ma. Antonette Buca-sas-Mangrobang has been exempt from punching at-tendance at their biometric clock.

He added that favored staff and certain officials who have been there at the BI for only six months or less are paid with ad-ditional bonuses although they are not entitled to the goodies and cookies under the law.

In his complaint before the Office of the Ombuds-man, Quirante also ac-cused Mison of conspiring with David in perpetrat-ing that most humiliating event in his life.

Sharing dilemma to De Lima

Quirante also ran for his dilemma to Secretary Leila M. De Lima.

In his September 14, 2011 letter, he expressed his resentment and ex-treme disgust over what transpired on September 3 that De Lima personally witnessed as the guest of

honor.Quirante believed he

was set up by David to be humiliated in front of employees who voted for “Higante” as the model employee of the bureau. He labelled it as not within the definition of “Matuwid Na Daan.”

He said that on Sep-tember 2, 2011, Maan Pe-dro from Mison’s office informed him to attend the awarding ceremony the next day.

In scratching the ac-complishments of David at the AFP, it has been uncov-ered by Dyaryo Magdalo that one of his top records was during his tour of duty in Mindanao.

There, it was said he re-duced the number the reg-ular members of the Abu Sayyaf terror group from 391 in 2009 to 386 in 2010.

Meaning, he failed to cripple the group from ter-rorizing. His correct an-swers were only five out of 391 test questions.

Robbery of honor in broad daylight

Quirante also labelled his unparalleled experi-ence to a “robbery of honor

done in broad daylight.”Instead of being be-

stowed the model employ-ee honor that he presum-ably deserved, he was not conferred with it and—in the exceedingly disgust-ing manner—it was an-nounced in full view of the public that he was being reassigned to a lowly and inexistent post.

Quirante was so dressed up that moment. He was so happy to savor what he ex-pected should be the most important event in his life as a career government worker. Only to make it as the most unforgettable in-sult that could have killed him if his heart was not strong enough.

Imagine the situation. He was informed he was going to be feted that he must attend the celebra-tion. So he must come to receive the honors as “BI Model Division Chief” by under the PRAISE system and as the Most Outstand-ing Employee for 2011.

Instead, he got shocked. The awards were not given. His honor was desecrated.

While his co-employ-ees were listening, As-sociate Commissioner Abdullah S. Mangotara an-nounced the reassignment to the Makati Extension Office. No explanation

was given.His blood pressure shot

up to 200/100. It was at-tested to by BI Medical Section Chief Dr. Maria Theresa O. Montenegro.

The problem of this mili-tary man in civilian post

The attitude of Com-missioner David could be traced to his military train-ing and experiences, in accordance with a biblical passage that says: “Train up a child in the way he should go and when he is old he will never depart from it.” (Proverbs 22:6)

David had been trained

to be a military man. He schooled at the

Philippine Military Acad-emy in 1973 to 1977 when they were babies of the former dictator Ferdinand Marcos.

He experienced the harshness of life during his active duty from 1977 to end up getting the most-coveted dream of any PMAer: to be the chief of staff of the AFP.

After retiring on March 8, 2011 from the AFP, his luck rolled on to find him-self as head of a civilian office that is one of the juiciest in terms of income through evil and hidden

ways.Of course, his disci-

pline is the military code: “Obey first before you complain.”

As if he does not know the motto: “Mamamayan Muna, Hindi Mamaya Na!”

No wonder. David de-parted not from his tradi-tion.

Quirante cried out loud in pain in front of the em-ployees who looked at him as their model and in the presence of Justice Secre-tary Leila De Lima as Da-vid just showed a Hitler’s smile.

Watch out! Don’t blink!

Associate Commissioner Siegfred Mison

Big men, Big warFrom page 3

6 Vol. II No. 69 October 3-9, 2011

Simplified Libel Lawin the Philippines

By BERTENI “TOTO” CATALUÑA CAUSING

THE extensive and detailed definition of libel is the one recited in Article 353 of the Revised Penal Code of the Philippines.

This article states:Art. 353. Definition of libel. — A libel

is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

If this definition of the law is analyzed, we are seeing at imputation that brings shame as the root of libel. But what kind of imputation does the law refer to?

To take this definition by the heart is somewhat uncomfortable, even to the lawyers.

Easiest definition of libel: “DIMP”But for purposes of simplicity, easy comprehen-

sion and easy memory for journalists and other lay men, just remember the word “DIMP.”

As formulated by the author, this “DIMP” encap-sulates all elements to form one definition of libel.

So hold your breath.Just remember the word “DIMP” and you know

by heart what libel means. And if you know the definition, you would sufficiently be armed with knowledge to guide you in every article you write or word you utter before a broadcasting entity.

D = Defamation

“D” stands for defamation.Imagine anything that could hurt another person’s

ego and honor, or anything that can put him in shame or public contempt, or anything that is a lie or false, this is what defamation is all about.

There is no limit as to what kind of imputation is defamatory or not. The richness of the imagination of a writer can produce many forms of defamatory imputations. It can be done even in a cartoon or a movie or a painting.

I = Identification

“I” stands for identification.By identification, what the libel law means is that

it can be identified who are the persons or entities (a corporation, a partnership, a product, or brand of services) being referred to as the one being defamed, or being attacked or criticized.

There is identification if the subject of the defamatory imputations is expressly named. There is also identification if the name of the person being defamed can be identified from the descriptions given in the same published writeup or broadcast item.

M = Malice

“M” stands for malice.Under the criminal law in the Philippines,

malice means intention or deliberateness. This must be separated from accidental or an act done by mistake.

For an act to be considered done with malice, it must be an act or omission that violated a law and the violator knew at the

time of doing that act or omission that it was against the law. The condition of the mind of this kind of person is what is called commonly by lawyers and

justices as “ill will” and “spite.”Applying this basic definition of malice in

libel law, it means that the libeler knows that the defamation is not true or is false yet he continued defaming another anyway.

P = Publication

“P” stands for publication.Under libel law, there is no libel if there is no publication. This means that

despite the existence of defamation, identification and malice, as long as the defa-mation is not published, there is no libel.

In the context of old, the definition of publication was limited to the publica-tion in print: be it in books, in magazines, in letters, in newspapers or anything that is written.

In the modern context, publication includes broadcasting.In the most recent context, it now includes internet publications, either in the

form of uploaded text or photo or videos. It also includes those text messages sent through cellular phones. Also included in this form are the fax messages.

So, that by remembering “DIMP” you will know by heart what libel means.The formal and legal definition of libel under Article 353The libel law of the Philippines itself states the kinds of defamatory imputation

covered under Article 353 of the Revised Penal Code, such as:(a) imputation of a crime;(b) imputation of a vice, as in alcoholic or womanizer;(c) imputation of a defect, such as a defect in hearing and certain other physical

defects;(d) imputation of an act that tends to cause dishonor, discredit or contempt of a

person or that blackens the memory of one who is dead;(e) imputation of an omission that tends to cause dishonor, discredit or con-

tempt of a person or that blackens the memory of one who is dead;(f) imputation of a condition that tends to cause dishonor, discredit or contempt

of a person or that blackens the memory of one who is dead;(g) imputation of a status that tends to cause dishonor, discredit or contempt of

a person or that blackens the memory of one who is dead; and(h) imputation of a circumstance that tends to cause dishonor, discredit or con-

tempt of a person or that blackens the memory of one who is dead.This definition of the law is so broad that it covers almost everything that

causes dishonor, discredit or contempt of a person or that blackens the memory of one who is dead.

Along with imputations, the definition of libel requires the presence of publica-tion of these imputations.

This is actually the “D” in the “DIMP” presented by the author.Now, the next point of discussion is publication.Formally and legally speaking, the law refers to publication as any act of

making the imputation known to the public or persons other than the one being defamed.

And this act of publication includes publications in newspapers, magazines, books, newsletters, letters, Internet web pages, cellular phone short messages popularly called in the Philippines as plain “text,” fax messages, email messages, telegram although somewhat obsolete now, radio and television broadcasts. Also considered as a form of publication is an act of sending a defamatory letter to a person other the one being defamed in that letter.

Some of these enumerated forms of publications are not found in those modes or manner enumerated by the law by which publication can be committed.

The law that enumerates this is Article 355 of the Revised Penal Code, which says:

Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

Under this law, the first mode of libel is by publishing some writings. This is the reason why libel is sometimes referred to as “written defamation.” Defama-tion items done not by writing were originally referred to as “oral defamation” or “slander.”

By the law, acts considered as written defamation are those done by printing, lithography, engraving or similar means. The current trends of high technology, such as internet mails, chats, web posts and blog posts, fax machines, text mes-sages or short messaging through cellular phones may be referred to as “similar means” of writing because they contain letters. The same law now includes as libel those acts of defaming by means of painting, theatrical exhibitions, cinemato-graphic exhibitions, radio, phonograph, or similar means. This means that any act of defaming using a medium is considered libel.

The next point of discussion comes to “identification.”Of course, a person cannot be put to shame if he is not named or identified.

This is the reason that libel can only be had if the person subject of defamation is, or can be, identified.

So that even if only descriptions of a person are written or broadcast yet he or she can still be identified by persons other than the person concerned from those

Chapter IIDefinition of Libel

descriptions, there is still the element of identifica-tion.

The Philippine Supreme Court loves to call this element as “identifiability” although the word is not found in any English dictionary. Actually, it is an irony that the Supreme Court has introduced in its Rules of Court and rulings in cases many words not Latin but cannot be found in any dictionary of the Queen’s tongue.

The third point of discussion is “malice.”Notice that the definition of libel under Article

353 starts with the phrase “public and malicious.” This means that for an act of defaming to be libel, besides being published there ought to be the exis-tence of “malice.”

To say there is malice in libel is to prove that there is that intention to defame. To say there is intention to defame is to show that the clear purpose is to defame only and nothing else.

Thus, if the purpose in the writing or utterance of a remark is to criticize for the purpose of good governance or public good, or for the purpose of defense of one’s honor, or a mere exercise of a right given by law or the constitution, there is no malice in libel to speak of.

Also, if there was no intention but mere accident that the defamatory words were published, there is also no malice.

An example of this covers utterances or writings made in spontaneous reactions to stimuli. In this situation, there is no purpose to speak ill of another. This is because it was just a natural response of a man or a woman being attacked, considering that it is an instinct of every human being to do acts for self-preservation.

Also, to utter words that are a common expres-sion in a community, like “son of a beast” or “putang ina,” is obvious to have no purpose to defame, such that there is no malice.

Summary of the definition of libel:

Be it under my theory of DIMP or under the law of libel in the Philippines, the definition of libel is the same.

There is libel when four elements are present.These elements are defamation, identification,

malice, and publication. Note the initials “D” in defamation, “I” in identification, “M” in malice, and “P” in publication.

Hence, to know the definition of libel by the heart, just say it: “DIMP!”

Until here, the author is confident that the reader will have now a good and broad idea of what is libel.

Simply speaking, if one of the four elements in “DIMP” is absent there is no libel.

As such, he is also confident that the reader will know what preventive measures to do when writing for newspaper publication or speaking for broadcast purposes.

October 3-9, 2011 7 Vol. II No. 69

ByRONALDOHERICOLAST DEFENSE FOR

‘THE FILIPINO FLASH’?

Brief beginning

In brief, Bernardo and Montezon said in their affidavits that their common friend named Jonathan Dulay called them to help him be-cause the latter wanted to help his Japanese friend whose problem was that his visa has already expired for two years and a half.

So that on August 26, 2011, Bernardo gave in and went to meet Du-lay at the Caltex Station on Edsa corner Vergel St. in Pasay City. Upon arriving at the said refu-eling station, Bernardo saw Montezon in the company of Dulay.

Then they went to the house of the Japa-nese who turned out to be Hayashi. There, Dulay met with the Japanese and his wife Joanna Morelos Hayas-hi at noon time. They then went to Brother’s Burger on Macapagal Avenue, Pasay City for the lunch and it was there that they ate and discussed about the problem.

During the lunch,

Bernardo and Montezon said that they did not in-terfere with Dulay while Dulay was talking to this Joanna while they were exchanging words and jokes joyfully, including the discussions where Jo-anna presented her prob-lem with regard to her husband’s overstaying sta-tus as an alien.

Bernardo and Monte-zon said that the conversa-tion was so casual when they heard Dulay telling Joanna that it would cost them Php200,000 to fix the problem of her husband.

After that, they parted ways. Bernardo left alone on his vehicle. But before that, Dulay turned over to him the papers and asked him to study how they could help the Japanese friend.

At this juncture, they said that Dulay and Mon-tezon left together aboard Dulay’s vehicle, where Jo-anna and her husband also boarded.

After dropping Joanna and her husband at Edsa corner Vergel St., Dulay and Montezon left and eventually parted ways.

Bernardo and Monte-zon said that since parting

ways, they had never been contacted by Dulay. It was only on September 2, 2011 when they received a call from Dulay for them to meet again at the same Caltex station.

While waiting for Du-lay at the parking area of the convenience store at the gas station, Bernardo said he saw Montezon ar-riving and boarding his Fortuner immediately.

While inside the ve-hicle, they were talking to each other when Du-lay called them over on Montezon’s cellphone that Dulay cannot come and instructed them to be the ones to talk to Joanna.

At this point, Bernardo said he told Montezon that they would leave because they did not want to inter-fere with Dulay’s trans-action with his Japanese friend.

But as he was driving his Fortuner slowly, Ber-nardo said that Montezon saw Joanna sitting at the convenience store so that he opened the passenger-seat window by one-fourth down and called Joanna to come near for the purpose of asking permission to leave because Dulay can-not come.

At that juncture, Ber-nardo said he noticed that Joanna was hanging her fingers on the window of the Fortuner and was not

removing her fingers de-spite the fact that the ve-hicle was already started to drive away.

As the Fortuner was trying to make a drive out to Edsa, the van of the RPIOU policemen blocked them and ar-rested them even with-out personally seeing whether an entrapment money was handed over or there was none.

‘Let the good men remain’

“It is basic that we arrest persons only when caught in the act to avoid suspicions. But since what these RPI-OU policemen did was wrong, we will teach them a lesson they can-not forget. They cannot bring back our dam-aged reputation except by proving in court that they committed crimes of illegal arrest, robbery or theft and falsifica-tion,” Montezon said.

“We want them also removed from the police service or they would victimize more persons. If they did this to us who are law enforcers, how much more to innocent civilians?” Bernardo asked.

“Let the good men remain,” Montezon and Bernardo chorused.

Bandits of ...From page 3

NO N I T O “The Fili-pino Flash” Donaire Jr. is now into

his less-than-a-month of training in preparation for his last title defense at 118 pounds against undefeated, two division world champion Omar

Andres Narvaez of Ar-gentina to be held at the Madison Square Garden in New York City on Oc-tober 23, Manila time.

The WBC and WBO bantamweight champion is picking up the tempo as the fight night draws near. He has sparred 10 rounds with 3 separate

opponents and is feeling good about it.

Although Nonito is eight pounds over the bantamweight limit as of this writing, his handlers said the excess weight does not pose a serious concern as he has not cut down on food yet.

When asked about

his clash against Nar-vaez, Donaire guaran-teed to give his best shot against the undefeated Argentine.

“I know that he’s a legend in Argentina… he’s a great fighter, he knows how to be of-fensive, he knows how to be defensive. He’s a

fighter that knows how to win out there, that’s why he’s undefeated,” said Donaire.

Indications has it that Donaire is going up to the next division, the super bantamweight, be-cause he has trained his sight on Mexican war-rior Jorge “Travieso” Arce early next year before battling WBC champion Toshiaki Nishioka sometime in May or June.

Donaire has been very vocal about his in-tentions and has time and again said that he always wanted to fight Arce.

Top Rank big boss Bob Arum has also de-clared that the fight be-tween the two is a real possibility since the original plan to fight Nishioka failed.

The Japanese cham-pion has just come off a hard-fought, twelve-round decision over former world champion Rafael Marquez of Mex-ico. Nishioka wanted to take a rest and would not be ready until the first quarter of 2012.

The next Pacquiao

“I think Donaire has a great opportunity to be a big, big superstar,” Arum told the online edition of The Ring magazine in New York.

The Hall of Fame boxing promoter has found the heir appar-

ent to Manny Pacquiao. When asked about who among the present crop of Filipino boxers could fill in the void once the Pacman hang up his gloves.

Arum believes that Donaire has all the qual-ities needed to reach su-perstardom. Donaire at 28 is widely regarded as among the world’s Top 4 fighters today, pound-for-pound.

“As you know, Man-ny Pacquiao is the best fighter right now. To be compared to Manny and to be the next Manny Pacquiao, I mean, what else can you say?” Donaire said.

He has won world titles at flyweight (112 lbs) and bantamweight (118 lbs) divisions.

Going up to the super bantamweight (122 lbs) division, Donaire is ex-pected to lock horns with Arce, Nishioka, Cubans Guillermo Rigondeaux and Yuriorkis Gamboa.

Being an avid sup-porter of breast cancer awareness programs, Donaire will be wear-ing bright pink gloves in his title defense against Narvaez. He wanted to bring more awareness to his cause come fight night.

Donaire also an-nounced that he is giv-ing one lucky Filipino resident of New York, New Jersey or Connecti-cut the chance to sing our national anthem in

front of the thousands at-tending and the millions watching worldwide.

The WBC and the WBO bantamweight champ is giving Filipino residents of the Tri State area an opportunity to be part of this great sport-ing event.

Not only will he be able to watch the fight live at the Madison Square Garden but will also be taking the center stage in leading the sing-ing of the Philippine Na-tional Anthem.

The Filipino Flash announced through his Facebook fan page that everyone, regardless if you are an amateur or a seasoned professional singer, a student or a working professional, is encouraged to join the search.

You can make a vid-eo clip of yourself sing-ing our national anthem and upload the clip via YouTube and you can post the link of the video on Donaire’s Facebook page: Nonito Donaire Jr. (http://www.facebook.com/#!/nonitodonaire) or you can email the video clip together with a short biography and your contact informa-tion to fan@filipino-flash.com.

The winner will be announced during the Filipino champ’s sched-uled open public workout on October 15 at 1pm at the Gleason’s Gym in Brooklyn, New York.

Nonito Donaire of the Philippines jumps as he celebrate while watching Fernando Montiel of Mexico struggles to his feet in the second round of their WBC/WBO bantamweight championship bout as referee Russell Mora counts at the Mandalay Bay Events Center in Las Vegas, Nevada. Donaire won by TKO in the second round to claim Montiel’s titles.

8 Vol. II No. 69 October 3-9, 2011

YUMMY,YUMMY

SHAMCEY!After the DreamEdwin Cordevilla

After the dream, when everything has been said,Said and done, the pain felt and related to the

reader,Would I be better, would I be a better man,Could I insist that this particular theory is rightAnd the other wrong, would I be believed,Would I be believed if I say I did not knowHow to start this poem, never really have startedWriting this poem, this poem about youAnd me which is also about the word,Which is also about peace, that I have alwaysContemplated, prayed and contemplated To write this poem, tried to imagine the start,Tried even harder to imagine the life I would be

intoIf ever should I start writing the poem,Would I be better, would I be a better man,With enough bread to feed the clan,With enough bread and joy to last me two life-

times,That’s why I’m most afraid, most afraidTo start, most afraid to even sense the right wordsThat would have me starting, for after writing those

wordsAnd reading them and rereading themAnd rereading them still I know life would be dif-

ferent,I know something would change, or everything

would change,Would I see the sunrise the same way as before,Would I still enjoy the song on the radio, Would I be a better man, or far removed from my

comfort,Would I still enjoy the movies, the cafes, Would you still love me, after the baring of the

soul,After reading to you the stanzas, after the joyYou would have witnessed in me while reading,Would you still feel love, or fear, fear for the

future,Fear of what would I become, fear of what we

would become,So, I imagine the words, imagine them forming,Imagine writing them and smiling as I write, Or try to feel the pain I would be feeling if I write,If I finally write the words I previously imagined,Would I please you, would I ever please you,But, here I am, in one corner of the world,Afraid to even jot down the words, most afraid,Most afraid of what words would make me into, What price to pay to write the wordsI have imagined, what precious price to pay,Would I use the notebook I’ve used yesterday, Should I sit on the table by the windowOr use the computer at the study, would it be

betterTo use the laptop, would I be using a penOr a keyboard, should I change my shirt,Remove the wristwatch to eliminate time,Should I buy a pack of cigarettes firstBefore I even start, should I take breakfastThen take vitamins, should I go to my secret placeAnd talk to the turtles, should I even start, Should I even write, should I even imagine the

words,Would it be better to turn on the television setAnd watch a favorite show, laugh with the studio

audienceAs the host throws around his usual antics, or

would it be betterTo watch the news, anger myself with the injus-

ticesThat would always be there in the news, selling

the news,Selling the network, providing for the fat salariesOf the news readers, should I wear socks,

should I play the music,Could I even handle the dream, Lights in, lights out, the world outside humming the motorMelody, machines working at this very hour, machines as big As a building and as small as a molecule, would it matter,Would it really matter if I just don’t write the wordsI’ve imagined, would it matter if I don’t even start

imagining The words, would it really matter if I just leave the

notebookOpen without a single word written on it, What if I just sit down and watch the whole of

civilizationFrom my corner, I guess it wouldn’t matter at all,Not at all, would it matter if I say I believe in fairiesAnd angels while you don’t, I think not at all,When I was a child, I dreamt as a child, Now, that I am a man in my 40sI dream the dreams of a grown manAnd that of a child’s, I say to myself,`I have changed after all, I did change after all.’I do enjoy the cafes, the conversations, I do enjoy reading you a poem or two, I enjoy summers and the rain, I enjoy the sunshineAnd the darkness as well, I enjoy your epicsAs I enjoy feeding the turtles, I enjoy the moon tangled with your hair,Oh! Should I just buy a newspaperAnd make it the space between you and me,Analyze the events, see the world from a distance,Calculate the risks in the stock market,Make a comment or two about current affairs,Or write a suggestion to the president,Would it matter, would it matter at all,Oh! I should stand and keep the house in orderWhile the people are still fast asleep and dreaming,Make peace with myself and the world, then write

longPoems about love, life and peace, write long linesAbout pain and sorrow and misery, write longLines about joy and caring and sharing,Oh! They should matter somewhere, I guessThey should matter to someone somewhere,Or, I would not be writing, I would not be Writing at all. Writing, I am most afraid.Most afraid to quicken the wordsAnd send them to their crisis,Most afraid to write down the wordsAnd let the day make them happen,Most afraid to let my guard down and exposeMyself to angels and prophets,Most afraid to lift the pen and draw out the letters,To write down the words that would inhabit space,Inhabit thoughts that would live livesAnd walk among us. Would I recognize them, Or, would they recognize me at all.After the dreaming, the imagining of the words,After taking courage to write down the first few

words,And risking my comfort, would it matter,Would anything matter at all.I guess I would just watch the sun rise in the morn-

ingAnd descend in magnificent sunset,I guess I would just watch a television showAnd laugh with the audience,I guess I would just go to the mall and watch a

movie.I guess I would just grab a newspaper and read the

events,Watch the world from a distance, smile at people,Whistle a tune and think of happy endings.

Editor’s brief review of the poem: In this poem author Ed Cordevilla wants to write but expresses all the circumstances surrounding him that make him doubt to do what he wants after waking up from a dream. In a general sense, Ed exposes the general dilemma of any person wanting to do something to achieve his dream when distractions are invading his attention. My lesson from this poem is this: if you want to do something to fulfill your dream do it with all your might, decide immediately after sufficient reflection on

whether to go ahead with it, and close your eyes to all else that steal your eyes, your heart, and your mind.According to Ed, who has become closer to me after discovering some of his depth, this poem is an excerpt from his “Ten Thousand Lines Project For

World Peace,” an epic in progress. He began writing for this in January 2010. He is now at 7,000 lines. Excerpts of the epic already saw print at The Philippines Graphic Weekly

Magazine and The Manila Times Sunday Magazine.When Ed consented to have some lines of his poetic journey published regularly in Dyaryo Magdalo, we feel lucky to keep our tradition of

fine writing in the language of truth and in the spirit of liberty.But before we proceed, let me invite our readers to write your poems, submit it to totocausing@yahoo.com or berteni.causing@gmail.

com, or post them as “comments” on my personal website http://totocausing.com, and we will see if we can see literary gems in them. And if lucky to be adjudged by me for publication, the poems will deserve my review before presenting them in order to give first to the reader an idea on what he would expect in reading the poem.

Today, we present his excerpt he entitled “After the Dream.”

PRoetryeality